Legal separation

Dear Atty. Divine,

Kindly enlighten me regarding legal separation. My husband is planning to file a legal separation. He only texted me and said we’re done. We haven’t talked personally.  He is in Manila right now and I’m here in Cebu with our two kids. The issue was he found out that I have debts. Then suddenly he decided to end things between us. I have also evidences to prove that he cheated on me many times before from 2007-2019. And even an “accessory” to abortion of a girl he just met online. But I didn’t do anything against him. I accepted his flaws all of his mistakes and shortcomings even how hard it was for me to accept those things he have done. But on my case, when he found out I have debts, he wants to file legal separation. My questions are:

1. He pays for the monthly mortgage, how can we equally divide when our house is still under mortgage? Is it possible to divide it?

2. Am I still entitled to be financially supported by my husband especially that I don’t have a work?

3. Is being may utang a ground for legal separation?

4. How can we divide his monthly salary and bonuses when we will be separated? — Legal wife

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Dear Legal wife,

Legal Separation is a remedy for couples experiencing problematic marriage. In Legal Separation, the spouses are allowed to live separately but they are not permitted to remarry since their marriage is still considered valid and subsisting. So, even if both of you are legally separated, you are still entitled for support as his wife because your marriage with him is not yet severed. As to your properties, it can be divided provided that both of you would agree for the separation of properties and the agreement should have a judicial approval, other option is for both of you to file a Joint Petition for Judicial Separation of Property so that any properties acquired in the future shall be owned separately. If the properties to be divided is still mortgaged, both of you cannot dispose it until the bank will be fully paid. As to the grounds for Legal Separation, having a debt or utang cannot be used as a ground for Legal Separation.

The grounds for Legal Separation can be found on Article 55 of the Family Code and having a debt is not one of the grounds mentioned in Article 55.  About your husband’s salary, you and your children are entitled for support based on the needs and the monthly expenses of children but you cannot demand to divide the salary of your husband. The amount of the monthly support would depend on your need and the need of the children and the capacity of the giver as well. Thank you and I hope this would enlighten you. — Atty. Divine

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Alang sa inyong pangutana, ipadala  lang sa pag email sa [email protected] ug akong tubagon ang inyong pangutana pinaagi sa akong column matag Miyerkules, Sabado ug Domingo.